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PEOPLE v. GAVIN

Docket No. 15568.

50 Mich. App. 743 (1973)

213 N.W.2d 758

PEOPLE v. GAVIN

Michigan Court of Appeals.

Decided December 6, 1973.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, William L. Cahalan, Prosecuting Attorney, Dominick R. Carnovale, Chief, Appellate Department, and Leonard Meyers, Assistant Prosecuting Attorney, for the people.

James R. Neuhard, State Appellate Defender, for the defendant.

Before: LESINSKI, C.J., and R.B. BURNS and QUINN, JJ.

Reversed by Supreme Court and remanded to trial court, 391 Mich ___.

LESINSKI, C.J.

Defendant, originally charged with first-degree murder, entered a plea of guilty to second-degree murder. MCLA 750.317; MSA 28.549. The defendant was sentenced to 12-1/2 to 25 years. Defendant attacks this sentence, raising two assignments of error.

The trial court's consideration of defendant's juvenile record at sentencing is the first error assigned. The resolution...

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